Every Russian citizen should know that in addition to the well-known court there is also a cassation instance. What is it and why is it needed, what does it do, and in what cases should I contact this judicial authority? It should immediately be clarified that this organization is also a court, only considering only those cases on which sentences have already been passed.
However, the judgment seemed to someone wrong or unfair. As a result, the case is instituted again. The reason for this is complaints against sentences until they acquire legal force.
Cassation appeals are also written by people who are dissatisfied with the ruling and ruling of the trial courts or courts of appeal. Criminal cases are examined by three judges of the federal courts. The cassation instance of one of them elects the chairman of the court.
A convicted person or his legal representative, acquitted or defense attorney, public prosecutor (as an option - a higher prosecutor) or the victim may appeal the court decision. If part of the court decision concerns a civil claim, the cassation instance may also accept the complaint from the civil plaintiff or defendant.
The cassation appeal to the arbitration court is considered by the body that decided the sentence, as well as made any other decision. In what cases can a cassation appeal be filed?
Cassation appeals are filed against decisions or sentences handed down by the district courts of first instance and the courts of appeal. In this case, they are examined by the body of the judicial board, specializing in criminal cases. Complaints are filed against sentences handed down by regional, provincial, or republican Supreme Courts. The decisions of the courts of St. Petersburg and the capital of Russia, autonomous regions and districts may also be reviewed. These complaints are examined by the Judicial Collegium, the cassation instance that is involved in the review of criminal cases.
A cassation may also be filed for sentences handed down by the Judicial Collegium itself, which is already submitted to the Cassation Collegium. In this case, the review is conducted by the court of cassation . Sentences of military courts are reviewed by a higher military court. Such a cassation must be filed by the party no later than 10 days from the moment the verdict was announced.
If the convicted person is in custody, then his sentence may be appealed against within the same period, starting from the date when a copy of the sentence was served on him. During this period, the case is not subject to recovery from the court. If the case is not appealed on time for a reason that is justified, the court or the cassation instance may, at its discretion, restore the term at the request of the person. This petition is considered by the judge who was the chairman during the trial of the criminal case under consideration. The court of cassation must, without fail, begin consideration of the case within a month from the day when it was received by it.
He is engaged in checking the verdict or other decision for its compliance with the law and justice, checks whether it is justified. If the criminal case is examined on appeal, mitigation of the punishment or application of the article on a less serious crime is possible. In no case can the court strengthen the sentence.
The court of cassation can cancel the acquittal or, conversely, the conviction in case it is necessary to impose a more severe punishment, as well as in cases regulated by the criminal code of Russia.
The sentence is canceled or changed most often due to the inconsistency of the conclusions indicated in the sentence with the real circumstances of the criminal case. The sentence is also quashed upon proving the fact that the criminal law was misapplied and the criminal code was violated. The result in this case is the injustice of the sentence and the petition for review of the case.